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Executor wins jury award in medical malpractice suit

Have you ever wondered if you had psychic abilities? A New Jersey man must have felt impending doom to have a will drawn up the day before his untimely death. Because of his forethought, his estate was awarded $1 million for a medical malpractice suit.

The lawsuit claimed that the victim visited the emergency room September 23, 2004, complaining of shortness of breath and chest pains. The doctor that treated him was accused of being negligent for discharging the victim and for failing to diagnose and treat a pulmonary embolism, which led to the man's death the following day. The doctor had determined that the problem was a virus and no treatment was needed and argued that the embolism formed after the victim left the hospital.

Later that same evening, the victim began feeling worse and feared that he was close to death. He quickly drew together and signed a will, naming his best friend the executor of his estate. Early September 24, the victim's girlfriend called 911 before the victim lost consciousness and collapsed. He was rushed to the hospital, where he later died. It was determined that he died from a pulmonary embolism, which is a blockage of the main artery of the lung.

The victim's friend, the executor of his estate, filed the medical malpractice suit and this week a jury awarded him $1million, which will be covered by the doctor's insurance carrier.

Serious injuries and wrongful death are always devastating. When it's caused by a doctor, hospital or clinic you trusted, it is even more difficult to understand and come to terms with. You need to pursue answers and consult with an experienced personal injury attorney if you feel that you or a loved one has received substandard medical care. The attorney can help you figure out if you have a case and develop a plan that fits your situation and benefits you the most.

Source: The News of Cumberland County, "Vineland man's estate awarded $1.065 M in malpractice case," Jason Laday, Jan. 31, 2012

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